Resolution strengthens property rights
This land is my land — not your land.
Virginians’ private property rights would be more secure under a resolution passed by the General Assembly to restrict the government’s eminent domain powers. The resolution seeks to amend the Virginia Constitution to strengthen property right protections.
Gov. Bob McDonnell said passage of the resolution last week “is a step in the right direction and is a long time coming.”
“For too long, government and certain business interests colluded to make it possible to take the land of one landowner and give it to another, merely for the purpose of increasing tax revenue or employment or for private gain,” the governor said.
On Tuesday, the Senate voted 35-5 for House Joint Resolution 693. The following day, the House gave its final approval of the measure, 83-15. If the General Assembly passes the resolution again next year, voters will consider the constitutional amendment in a statewide referendum in 2012.
As a state legislator in 2007, McDonnell sponsored a proposal similar to HJ 693, but it failed.
“Every year since then, the General Assembly and special interests have attempted to chip away at those protections,” McDonnell said. “That is why there was a need to put these very fundamental rights in the Virginia Constitution and protect them from the political whims of future legislatures.”
Just two weeks earlier, the Senate had defeated a motion to consider HJ 693 on a party-line vote, with all 22 Democratic senators opposing the measure.
But last week in the Senate, 17 Democrats joined all 18 Republicans to approve the resolution. The reversal came after the measure was approved by one-vote margins by both a subcommittee of the Senate Privileges and Elections Committee and by the full committee.
HJ 693 was sponsored by Delegate Johnny Joannou, a Democrat from Portsmouth. It would add these words to the state Constitution:
“The General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use.”
“No private property shall be damaged or taken for public use without just compensation to the owner thereof.”
“No more private property may be taken than necessary to achieve the stated public use.”
“Just compensation shall be no less than the value of the property taken, business goodwill and access lost, damages to the residue caused by the taking, and damages to adjacent property caused by the taking.”
“A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services.”
“In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property.”
“The condemnor bears the burden of proving that the use is public, without a presumption that it is.”
According to McDonnell, the resolution will ensure that “the cost of taking private property be borne by the public, not the individual property owner.”
“The public at large benefits from the property, and so it should bear the total cost, which includes compensating landowners for loss of profits when businesses are forced to move, and loss of access when property is taken which gave a landowner access to his land,” McDonnell said.
Before the legislative session began, the state’s Republican leadership said it would push for protecting the property rights of Virginians. This was a priority for McDonnell, Lt. Gov. Bill Bolling, Attorney General Ken Cuccinelli and the Senate and House Republicans, noted Sen. Thomas Norment Jr., R-Williamsburg.
Sen. Stephen Newman, R-Lynchburg, chairman of the Virginia Senate Republican Caucus, said the resolution’s passage was a major victory for all Virginians dedicated to ensuring private property rights.
“It is also an important victory for Senate Republicans,” Newman said. “Our persistence and commitment have paid off.”
Legislators see the proposed constitutional amendment as a corrective to the U.S. Supreme Court’s 2005 decision in Kelo v. City of New London, Conn. In that case, the court ruled 5-4 that the power of eminent domain could be used to transfer land from one private owner to another to further economic development.
Sen. Emmett Hanger Jr., R- Mount Solon, said the constitutional protections would have the greatest impact on Virginia’s farming communities.
“Even before the Kelo decision made this a national issue, leaders in rural communities and agribusiness were advocating measures to limit eminent domain,” Hanger said.
“The passage of this amendment is great news for rural Virginians.”
To track or comment on House Joint Resolution 693, visit http://www.richmondsunlight.com/bill/2011/hj693
Citizen Staff Reports 03/03/2015
RAMPS (Ramp Access Made Possible by Students) recently received an $8,000 grant from the Christopher and Dana Reeve Foundation. The award was one of 75 grants totaling more than $600,137 awarded by the Reeve Foundation to nonprofit organizations nationwide that provide more opportunities, access, and daily quality of life for individuals living with paralysis, their families and caregivers.
RAMPS, an organization founded by then-Henrico County high school students to build ramps for local low-income residents who need them, will use the grant to purchase modular wheelchair ramp supplies. These supplies will be used by local high school RAMPS clubs, who provide volunteers to build the ramps. > Read more.
Citizen Staff Reports 02/19/2015
Henrico resident Larry Loving, Jr., will compete with three other locals – Thomas Scribner (Richmond), Roscoe McGhee (Midlothian) and Larry Loving (Richmond) in the Liberty Mutual Insurance Invitational National Finals at TPC Sawgrass, in Ponte Vedra Beach, Fla., Feb. 26-Mar. 1. The foursome qualified for the national golf tournament by winning the Liberty Mutual Insurance Invitational, held at Whiskey Creek Golf Club in Ijamsville, Md. on June 11. That event supported the RiteCare Center for Childhood Language Disorders.
In total, 240 amateur golfers will compete in Florida. > Read more.
In total, 240 amateur golfers will compete in Florida. > Read more.
The Henrico Police Athletic League (PAL) held its Sixth Annual Awards Banquet Feb. 5 at The Cultural Arts Center of Glen Allen, celebrating accomplishments of 2014 and recognizing outstanding contributions to the organization. Henrico County Juvenile Domestic Court Judge Denis Soden served as master of ceremonies and former Harlem Globetrotter Melvin Adams served as keynote speaker.
Among the 2014 honorees were Richmond International Raceway (Significant Supporter), Richmond Strikers Soccer Club (Significant Supporter), Henrico County Schools-Pupil Transportation (Summer Camp Supporter), Bruce Richardson, Jr. (Youth of the Year), Sandra Williams (Volunteer of the Year), Thomas Williams (Employee of the Year), Mikki Pleasants (Board Member of the Year), and Michelle Sheehan (Police Officer of the Year). > Read more.
It was another win for Willow Lawn when Travinia Italian Kitchen and Wine Bar opened there six months ago, nestled in the heart of the re-made shopping center. The contemporary American Italian restaurant boasts 13 locations up and down the East Coast, with the Henrico location opening in August.
In the same week, I hit up Travinia twice, once for lunch and once for a late dinner. At lunchtime on a weekday, I was overwhelmed by the smell of garlic and by the number of working professionals in nice suits on their lunch breaks. When we first walked in, I was concerned our meal would be a little too pricey based on the décor – it’s a really nice place. Luckily, the menu has a variety of options for every budget. > Read more.
‘SpongeBob’ movie energizes with wit, laughter
There’s a ton of sugar in The SpongeBob Movie: Sponge Out of Water. Literal sugar, as SpongeBob Squarepants (Tom Kenny) and Patrick (Bill Fagerbakke) inhale their own weight in cotton candy and eat ice cream, one scoop per mouthful.
At one point we burrow into the brain of our boxy yellow hero and discover the inner workings of his brain: googly-eyed cakes and candies that giggle and sing. All of which is extremely appropriate for a film like Sponge Out of Water. Because not only is the movie sweet (the “awwww” kind of sweet), but it’s the equivalent of a 30-candy bar sugar rush, zipping between ideas like a sponge on rocket skates.
The story under all this is really not that complicated. SpongeBob flips burgers at the Krusty Krab. > Read more.
With this last round of snow still fresh on the ground, the best way to start the weekend may be at Southern Season for their weekly wine-tasting program, Fridays Uncorked. Families with cabin fever will enjoy the Richmond Kids Expo, taking place tomorrow at the Richmond Raceway Complex. Some date night options include the Rock & Roll Jubilee at The Cultural Arts Center at Glen Allen, HATTheatre’s production of “The Whale” and National Theatre Live’s “Treasure Island” at the University of Richmond. For all our top picks this weekend, click here! > Read more.
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